Criteria of an Uncontested Divorce
When neither party in a divorce is challenging the proceedings, it’s considered an uncontested divorce. This type of divorce tends to save each party time and money. However, just because the divorce is considered uncontested, it does not mean you have to represent yourself in court. Hiring an attorney is very common and usually recommended for these proceedings. It sometimes also leads to fewer necessary appearances in court.
There are a series of criteria that can qualify a divorce as uncontested. The parties involved must agree on:
- The division of all marital debt and property.
- The terms of child custody and allocation of parenting time.
- The terms of child support and the monetary stipulations around it.
- The terms of spousal support and spousal maintenance. Also known as alimony.
- Whether either of the spouses would like to revert their last name back to their maiden name.
- Any and all other issues or clauses included in the divorce agreement.
How to File an Uncontested Divorce
The first thing each party needs to confirm to move forward with an uncontested divorce is to discuss the possibilities with the future ex-spouse. If both parties truly agree that they can move forward amicably and in a non-contested fashion, that is a good start.
From there, the next step is to file a petition (or complaint) with the local court for a divorce. There will likely be a fee for that filing as well. Sometimes if funds are a personal challenge, the court could possibly waive the fees, so definitely look into that if it applies.
Each state in the United States has their own unique divorce laws, so it’s important to clarify what’s needed in your state. A signed settlement agreement will need to be filed, as well as potentially other documents needed for the court. The attorneys for each party can assist with the process. The party that does not submit the complaint will likely be required to submit a response to it. That response will confirm to the court that the divorce is uncontested.
Benefits of an Uncontested Divorce
An uncontested divorce can have many advantages and benefits for each party. Here are just a few to consider.
- The relationship between spouses generally is better over the long haul. A divorce can be a traumatic event for families – immediate and extended – so if the spouses are friendly in the process, it can keep emotions on a little more even keel.
- The costs stay reasonable. No divorce is inexpensive but ultimately each party will save money they would have had to spend in a contested divorce. The lack of clashes, arguments and evidence-gathering contribute to the lesser expense.
- The process will go faster. In many cases, an uncontested divorce will be fast-tracked by the court. Judges tend to push these cases through quickly.
- The spouses tend to follow the rules of the divorce decree in the short and long-term. When the parties understand the motivations and reasoning of the divorce, they are generally more likely to not only be compliant but supportive, when needed.
In Closing
It isn’t always possible for many legitimate reasons, but when an uncontested divorce can be achieved, all parties involved are better off.
